Federal Court of Australia
Federal Court of Australia
Minister for Home Affairs v Lee [2021] FCAFC 89 Appeal from: Lee v Minister for Home Affairs [2020] FCA 487
File number: QUD 137 of 2020
Judgment of: LOGAN, KERR AND BANKS-SMITH JJ
Date of judgment: 31 May 2021
Catchwords: MIGRATION – appeal against declaration that the respondent is an "Australian citizen" within meaning of s 4(1)(b) of the Australian Citizenship Act 2007 (Cth) – where respondent born in the Australian external territory of Papua prior to Independence Day – where respondent's parents both naturalised Australian citizens – whether the respondent became a citizen of Papua New Guinea (PNG) on Independence Day by virtue of s 64 and s 65 of the PNG Constitution and regulation 4 of the Papua New Guinea Independence (Australian Citizenship) Regulation 1975 (Cth) – whether the respondent would have been an "immigrant" for the purpose of s 6(1) of the Migration Act 1958 (Cth) as at 16 September 1975 – consideration of "immigration" in s 51(xxvii) of the Constitution – where respondent's parents held domicile of Australia – whether respondent held domicile in Australia – appeal dismissed PRACTICE AND PROCEDURE – where appeal required consideration of the unwritten law of PNG – where the law reports and legislation of PNG taken into account pursuant to s 174 and s 175 of the Evidence Act 1995 (Cth) – parties given opportunity to make further submissions on additional material considered by the Court
Legislation: Constitution ss 24, 51, 122 Acts Interpretation Act 1901 (Cth) s 17 Australian Citizenship Act 1948 (Cth) ss 5, 10 Australian Citizenship Act 2007 (Cth) s 4 Domicile Act 1982 (Cth) Evidence Act 1995 (Cth) ss 174, 175 Income Tax Assessment Act 1936 (Cth) Judiciary Act 1903 (Cth) s 78B Migration Act 1958 (Cth) Papua New Guinea Independence Act 1975 (Cth) Papua New Guinea Independence (Australian Citizenship) Regulations 1975 (Cth) reg 4 Constitution of the Independent State of Papua New Guinea (PNG) ss 24, 64, 65 Constitutional Amendment (No 37) (Citizenship) Law 2014 (PNG) s 5 Constitutional Amendment (No 43) (Dual Citizenship) Law 2016 (PNG) s 2
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